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The Antitrust Week In Review

				
Posted  10/5/22
								

				 
								 				Here are some of the developments in antitrust news this past week that we found interesting and are following.

.  The U.S. House of Representatives on Thursday approved a bill that would sharply raise fees for antitrust reviews of the biggest mergers and strengthen state attorneys general in antitrust fights. The bipartisan bill, which has yet to...				 
				 				
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Seventh Circuit’s Rejection of Insurers’ Monopolization Case is Not the Final Word on “Patent Thicket” Litigation

				
Posted  09/8/22
								

				 
				
lab vials being filled
				 				By Sarah Bayer

The theory that patent holders can be held liable under the antitrust laws for blocking competition with a thicket of patents may be down—but it is not out.

Although the “patent thicket” theory was unsuccessful in , this recent decision of the U.S. Court of Appeals for the Seventh Circuit hints at ways that theory could...				 
				 				
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The Antitrust Week In Review

				
Posted  08/30/22
								

				 
								 				Here are some of the developments in antitrust news this past week that we found interesting and are following.

.  The U.S. Justice Department is in the early stages of drafting a potential antitrust complaint against Apple Inc, Politico reported on Friday, citing a person with direct knowledge of the matter. A...				 
				 				
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The Danger of Waiting for a Finding of Anticompetitive Behaviour, Part 2: UK Court of Appeal Agrees Gemalto’s Claim Against the Smart Card Chips Cartel is Time Barred

				
Posted  08/25/22
								

				 
				
				 				By Richard Pike, Simon Yeung, and Emelyne Peticca

The limitations period for cartel damages cases in the United Kingdom has not finished evolving, as evidenced by two recent significant decisions.

In the first noteworthy decision, on 10 June 2022, the UK Court of Appeal handed down its judgment dismissing the appeal brought by Gemalto Holding BV. We analysed the first instance decision in a prior blog...				 
				 				
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UK Court Rejects Two-Sided Market Analysis for Multi-Sided Platforms

				
Posted  08/24/22
								

				 
				
Gavel
				 				The United Kingdom Competition Appeal Tribunal (the “Tribunal”) has forcefully rejected two-sided market analysis in a well-reasoned judgment that provides a thorough and insightful discussion of how to define markets where there are multi-sided platforms.

Multi-sided platforms are a hot topic because payment businesses, search engines and social media all involve multi-sided platforms, and are all the subject...				 
				 				
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It’s All About Access to Patients—Health Care Provider Antitrust Challenges Against Dominant Hospital Systems

				
Posted  08/23/22
										

						By						  
													James J. Kovacs	
												
									

				 
				
health insurance form and stethoscope
				 				The U.S. Court of Appeals for the Seventh Circuit has given  to a vascular surgeon’s antitrust claims that Indiana University Health (“IU Health”) is using its market power in primary care services to stifle competition in the market for vascular surgery services.

Last month, the Seventh Circuit reversed the dismissal of the surgeon’s complaint in 				 
				 				
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The Antitrust Week In Review

				
Posted  08/9/22
								

				 
								 				Here are some of the developments in antitrust news this past week that we found interesting and are following.

 

.  A federal judge began a trial that will decide whether Penguin Random House is allowed to buy Simon & Schuster, a case that could significantly affect the book publishing industry and that will test the Biden...				 
				 				
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The Antitrust Week In Review

				
Posted  07/27/22
								

				 
								 				Here are some of the developments in antitrust news this past week that we found interesting and are following.

 

.  Apple Inc was sued in a proposed class action by payment card issuers accusing the iPhone maker of abusing its market power in mobile devices to thwart competition for its Apple Pay mobile wallet. According to a complaint filed in San...				 
				 				
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Anticompetitive Malice, Competitive Zeal, and the PlayStation Store

				
Posted  07/25/22
								

				 
				
				 				By David Golden

For antitrust practitioners, illegal unilateral refusals to deal are like four-leaf clovers: they exist but are rarely found. After all, Justice Scalia famously (or infamously, depending on your perspective)  in Verizon Communications, Inc. v. Law Offices of Curtis V. Trinko that refusals to deal lie “at or near the outer boundary of § 2 liability.”

It should come as no surprise then...				 
				 				
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The Antitrust Week In Review

				
Posted  07/21/22
								

				 
								 				Here are some of the developments in antitrust news this past week that we found interesting and are following.

 

.  EU antitrust chief Margrethe Vestager on Friday said she has a few merger deals in sight where she may use powers endorsed this week by Europe's second-top court which allow her to scrutinise so-called 'killer'...				 
				 				
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